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Richards

Judge throws out KFC trans fat lawsuit

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http://edition.cnn.com/2007/LAW/05/02/kfc.suit.ap/index.html

A judge had the audacity to suggest that...(brace yourselves)...people are responsible for their own health and should not expect to have health risks spelled out for them in a pop up book when they go to a fast food joint. He said that people should be smart enough to realise that fast food is unhealthy and cannot sue if (god forbid) eating it regularly has negative side effects on their health.

Good lord! Expecting people to take responsibility for their own actions? What is this world coming to? Treating adults like they are....adults?

It looks like the party is over for all those who hold society responsible for thier own choices, and then tie up the courts expecting some industry or establishment to compensate them for their own stupidity.

A scary new world.
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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http://edition.cnn.com/2007/LAW/05/02/kfc.suit.ap/index.html

It looks like the party is over for all those who hold society responsible for thier own choices, and then tie up the courts expecting some industry or establishment to compensate them for their own stupidity.

A scary new world.



Nah, it's just one judge that had the balls to stand up for intelligent thought and protecting business that should be protected. He'll likely be either appealed and overturned or voted out, because he didn't protect the masses of asses from their own behaviors.
Rational thought, ethics, and responsibility are dying traits in humans. IMO, you're right about the scary new world, however.

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I think I like that Judge. :)
I've always been amazed at the people who, on one hand, insist on complete freedom and individualism but, on the other hand, whine like babies when they have to take responsibility for their own actions.

I'm gonna go eat some Ho-Hos now. Anybody else want one?

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He'll likely be either appealed and overturned or voted out, because he didn't protect the masses of asses from their own behaviors.



Why do I not doubt that?

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Rational thought, ethics, and responsibility are dying traits in humans.



Sad but true.
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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I'm gonna go eat some Ho-Hos now. Anybody else want one?



I'm gonna sue your ass for putting the idea in my head when I become a fat bastard (er..fatter bastard).
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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http://edition.cnn.com/2007/LAW/05/02/kfc.suit.ap/index.html

A judge had the audacity to suggest that...(brace yourselves)...people are responsible for their own health and should not expect to have health risks spelled out for them in a pop up book when they go to a fast food joint. He said that people should be smart enough to realise that fast food is unhealthy and cannot sue if (god forbid) eating it regularly has negative side effects on their health.

Good lord! Expecting people to take responsibility for their own actions? What is this world coming to? Treating adults like they are....adults?

It looks like the party is over for all those who hold society responsible for thier own choices, and then tie up the courts expecting some industry or establishment to compensate them for their own stupidity.

A scary new world.



Have no fear, if the libs get their way they'll appoint lots of judges that believe it takes a village (big government) to raise a child. :S

steveOrino

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Have no fear, if the libs get their way they'll appoint lots of judges that believe it takes a village (big government) to raise a child.



Don't catholics believe the same thing? In stead of the village being big government, it means the church.

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http://edition.cnn.com/2007/LAW/05/02/kfc.suit.ap/index.html

A judge had the audacity to suggest that...(brace yourselves)...people are responsible for their own health and should not expect to have health risks spelled out for them in a pop up book when they go to a fast food joint. He said that people should be smart enough to realise that fast food is unhealthy and cannot sue if (god forbid) eating it regularly has negative side effects on their health.

Good lord! Expecting people to take responsibility for their own actions? What is this world coming to? Treating adults like they are....adults?

It looks like the party is over for all those who hold society responsible for thier own choices, and then tie up the courts expecting some industry or establishment to compensate them for their own stupidity.

A scary new world.



Have no fear, if the libs get their way they'll appoint lots of judges that believe it takes a village (big government) to raise a child. :S


Have to love how you guys always attack the libs. FYI, the Judge who ruled on this case was appointed by your favorite lib back in 1994.

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But you didn't stay at a Holliday Inn Express. :P
So you still don't know anything about Catholics.;)



I know a little. It freaked me out the first Catholic funeral I attended (for a teacher) with all the stand up, sit down, stand up, sit down repeat this, kneel now. :S:D

steveOrino

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Judge Robertson is a Clinton appointee. What a sell-out.

p.s. - a little history on the guy. He's been trial judge in a couple of cases that went before the SCOTUS. In both of them, the appeals court reversed him. In both of those, the SCOTUS reversed the appeals court in his favor. One of them was Hamdan v. Rumsfield - the case about enemy combatants and military tribunals.


My wife is hotter than your wife.

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Have to love how you guys always attack the libs.



Riiiight. How uniquely right wing. It's not like anyone on this forum lumps all conservatives together and bashes them collectively.
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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Have no fear, if the libs get their way they'll appoint lots of judges that believe it takes a village (big government) to raise a child. :S



Whoaa easy. It sounds like you are suggesting that big government should stay out of telling people how to rasie their own children. That sort of independant thinking violates the modern collective norms and could result in you being sent to a re-education facility. The government always knows what is best for you.:S
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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Judge Robertson is a Clinton appointee. What a sell-out.

p.s. - a little history on the guy. He's been trial judge in a couple of cases that went before the SCOTUS. In both of them, the appeals court reversed him. In both of those, the SCOTUS reversed the appeals court in his favor. One of them was Hamdan v. Rumsfield - the case about enemy combatants and military tribunals.



OK I do not fully get all the processes but am I right in presuming from what you say that his decision will be appealed and then the supreme court will back him up?
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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Judge Robertson is a Clinton appointee. What a sell-out.

p.s. - a little history on the guy. He's been trial judge in a couple of cases that went before the SCOTUS. In both of them, the appeals court reversed him. In both of those, the SCOTUS reversed the appeals court in his favor. One of them was Hamdan v. Rumsfield - the case about enemy combatants and military tribunals.



OK I do not fully get all the processes but am I right in presuming from what you say that his decision will be appealed and then the supreme court will back him up?



I'm hoping if it DOES get appealed (probably, what with the NannyState mentality these days) that the higher court will support him.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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No. I am saying that the guy has an established history of some fairly intense and solid rulings.



So what's your take on this ruling?
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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No. I am saying that the guy has an established history of some fairly intense and solid rulings.



So what's your take on this ruling?



From a legal standpoint, it makes sense and is appropriate.

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Plaintiff acknowledges that in order to state a claim of breach of the implied warranty of merchantability, the plaintiff must demonstrate that the offensive “object” or “substance” in the purchased food is not one that a “consumer would reasonably expect to find . . . in the particular type of dish or style of food served.” Hochburg, 272 A2d. at 849, quoting Betehia v. Cape Cod Corp., 10 Wis.2d 323, 328 (1960); at 27. This determination of reasonableness, plaintiff maintains, is a question of fact that should be answered by a jury. While it might be appropriate for this court to find, as a matter of law, that the consumption of fat – including trans fat – is indeed within the reasonable expectations of the consumers of fried chicken and French fries prepared in fast food kitchens, it is not necessary for me to reach that question. A more fundamental problem is fatal to Count I – the absence of any allegation of injury.



The judge threw the matter out on technical reasons, but stated his beliefs on the merits, anyway. His statement about the expectations of fat are dicta.


My wife is hotter than your wife.

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